Griffiths v The Owners - Strata Plan No 11097

In the case of Griffiths v The Owners - Strata Plan No 11097, the dispute involved the placement and maintenance of a dividing fence between the properties of the parties. The matter was heard and determined by the Civil and Administrative Tribunal (NCAT). The applicant sought relief concerning the demolition of a section of a masonry wall, the removal of moss and debris, repainting of their external house wall, and the construction of a new timber lapped and capped boundary fence. The respondent objected to these actions.

The key legal issues before the Tribunal included the interpretation of the term "dividing fence" as defined in the relevant legislation, the responsibilities of the parties under the Strata Schemes Management Act 1996, and the procedural requirements for obtaining necessary development consents. The Tribunal had to consider whether the proposed works constituted alterations or maintenance, and whether the necessary consents were required under the Woollahra Local Environmental Plan 2014.

The Tribunal found that the proposed works constituted alterations rather than maintenance, and as such, required development consents. It determined that the works could proceed subject to the respondent lodging a development application for the new fence. The Tribunal made detailed orders concerning the timing, method, and cost-sharing of the works. It also provided specific directions regarding the process for applying for costs, emphasising a preference for determination on the papers where possible. The Tribunal issued orders for the joint demolition of the existing masonry wall, the removal of moss and debris, and the repainting of the external house wall by the applicant. It further directed the construction of a new timber fence by both parties, specifying the use of a licensed contractor if the necessary qualifications were held.

The Tribunal's orders included a timeline for the works, cost-sharing arrangements, and specific exclusions from the contractor's quote. It also addressed the need for development consents, allocating responsibilities between the parties for the application process and associated costs. The Tribunal set out detailed procedures for the submission and determination of any costs applications, encouraging efficient resolution of the matter.